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Mubarat, Divorce by Mutual Consent under Muslim Law

We first met Rubina, at a legal aid clinic held at our partner NGO Jagruti Kendra, in Sep-2023. In less than 9 months we have successfully managed to close her case via Mubarat (Mutual Consent Divorce)

Rubina 26 years and her husband 34 years were both divorcees when they got married two years ago. Soon after marriage Rubina contracted TB. Rubina was immediately sent back to her mother’s house and even when she recovered her husband’s family refused to take her back. (Married women are often ostracised by their families when they contract a communicable disease)

When we met Rubina initially she was desperate to live with her husband even though her husband had started living with his first wife and children again. As a first step we documented Rubina’s story and drafted her written police complaint. We then conducted a settlement meeting with her husband, but the settlement talks failed. Rubina was desperate to save the marriage and wanted her husband to accept both wives and divide his time equally. We explained to Rubina that it was not practical in the long run.

Our Saksham team helped Rubina join a course in fashion designing. It took a lot of handholding, but Rubina finally realised that there was so much she could do with her life and that there was nothing left in this marriage. Finally Rubina agreed for a divorce. Her husband returned her jewellery and mehr* and the Mubarat was done at Majlis office in an amicable way.

It is only in Muslim marriage that a mutual consent divorce can be done on a stamp paper and does not require a long and tedious court procedure. 

About Majlis We are a team of women lawyers and social workers who work for the protection and promotion of women and children’s rights through legal representation, advocacy and training. We provide social and legal support to women and children victims of sexual and domestic violence. 

Names have been changed to protect privacy.

‘Ummeed’ celebrates the courage and determination of women who have stood up against violence and emerged stronger. Through this sharing, we hope to inspire others to take the first step.

* Gift by the husband to the wife at the time of a muslim marriage

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